In a criminal miscellaneous petition under Section 438 CrPC, the Hon'ble High Court of Patna granted anticipatory bail to petitioners accused in a murder case under Sections 302, 201 IPC, directing them to appear before the C.J.M. within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13483 of 2015
Arising Out of PS.Case No. -47 Year- 2014 Thana -SIKRAUL District- BUXAR
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 02-07-2015
Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a case instituted under Sections 302,201/34 of the Indian Penal Code.
The prosecution story, in brief, is that the father of the informant received a mobile call from some one to purchase fodder and after sometime one Dardhi Singh came and stated that purchaser of fodder has come and asked to come on road upon which father and Fufa of the informant went with Darddhi Singh and when they did not return and on search, one fisherman stated that in one Scorpio vehicle, Amar Singh (Fufa of the informant) with 5-6 persons were going. It is further alleged that two years ago there was scuffle with elder uncle Janardan Singh due to land dispute in which bomb etc. were exploded to the house of
Patna High Court Cr.Misc. No.13483 of 2015 (3) dt.02-07-2015
2/2
informant and the said Janardan Singh was sent to jail and after release from jail has given threatening, then on 16.5.2014 dead bodies were recovered from the Badhar of village which was identified.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and they are not named in the FIR. Further it has been submitted that there is no direct allegation or even circumstantial evidence against the petitioners. The names of the petitioners have come in course of investigation. It is also submitted that the petitioners have falsely been implicated in this case due to land dispute.
On behalf of the State, it has been submitted that the petitioners are not named in the FIR and their names have come in course of investigation.
Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,Buxar, in connection with Sikraul P.S.Case No.47 of 2014 , subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J)
singh/U T
2 issues framed by the court
Whether the petitioners should be granted bail in a case under Sections 302, 201, and 34 IPC.
Whether the conditions for bail should include a bond amount and sureties.
1 provisions across 1 enactments
Pappu Singh @ Pappu Kumar and Others
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
